Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61679 of 2018 Arising Out of PS.Case No. -421 Year- 2018 Thana -BUXAR District- BUXAR ======================================================

1. Pankaj Kumar Singh Son of Nandu Singh Resident of P.P. Road, Buxar, In front of Alaka Cinema, P.S. Buxar(Town), District- Buxar, 802101 .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Chaubey For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Buxar (Town) P.S. Case No. 421 of 2018 for the office registered under Sections 419, 420, 467, 471, 468 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is quite vague and do not clearly indicate as to what role the petitioner was playing in the alleged offence. The allegation as can be apparent from the first information report is that the concerned authorities had engaged in irregularities in the appointment procedure and that the District Programme Officer and District Education Officer had indulged in mal-practices in the appointment of guest teachers and officers. It

is further submitted that in connection with the same, enquiry was conducted by the Enquiry Committee and the report of the said committee came to the conclusion that actually it was the different authorities namely, District Programme Officer and the District Education Officer, who were involved in the irregularities of appointment and they had fastened their liability on the present petitioner and had thus, implicated him in the entire scam. It is further submitted that the petitioner is merely a contractual employee and a data entry operator, who has no role to play in making of the merit list and, therefore, he may be extended the privilege of bail. It is further submitted that Annexure-6, which is the letter of the District Magistrate contained in Memo No. 102537 dated 08.08.

2018 makes it explicitly clear that he has written to the Director, Secondary Education in this regard. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No.

condition as laid under Section 438(2) Cr.P.C. However, it is made clear that petitioner will present himself as and when required in the investigation and also thereafter.

(Anjana Mishra, J) Jagdish/- U